Lung cancer decisions — 2023

The Board has remanded the case due to uncertainty about the Veteran's exposure to ionizing radiation during service and the need for a dose estimate. The claim will be reviewed again with consideration of new evidence.

The Veteran's PTSD is granted as service-connected. The cause of death due to lung cancer is denied.

The Board denied service connection for lung cancer and remanded the issue of higher ratings for hypothyroidism due to insufficient detail in the VA examination report.

The Veteran's claim for service connection for foot fungus on an accrued basis has been denied as there is no evidence of a current disability during the appeal period.,The Veteran's claim for service connection for lung cancer on an accrued basis has been remanded due to the need for a VA opinion regarding potential exposure to smog in South Korea.

The Board has determined that the Veteran's service-connected hepatitis C contributed substantially to his cause of death, small cell lung cancer. The decision grants service connection for the cause of the Veteran's death.

The Veteran's claim to reopen service connection for a respiratory condition (claimed as lung cancer) is granted. The case is remanded for further development, including obtaining an examination and medical opinion regarding the etiology of any diagnosed respiratory conditions.

The Veteran's claim for PCAFC benefits is remanded due to the lack of a denial letter in the claims file and failure to meet the criteria outlined in 38 U.S.C. § 5104.

The Board has denied service connection for bronchiolitis obliterans and obstructive pneumonia, finding no current diagnosis of these conditions. The lung cancer and brain cancer claims are remanded due to a duty to assist error, and the SMC claim is also remanded.

The Board has dismissed the appeals for increased disability ratings and earlier effective dates for bilateral hearing loss and tinnitus, as well as the service connection claim for metastatic lung cancer. The Veteran's death precludes further action on these claims.

The Board has remanded the claims for service connection due to conflicting medical opinions and lack of recent VA examinations. The Veteran's lay statements regarding his symptoms during and since service are considered.

The Veteran's eligibility for PCAFC benefits is being remanded due to unclear reasons and lack of adequate notice. The Board will request medical opinions from the CEAT regarding personal care needs, supervision or protection requirements, and need for regular or extensive instruction or supervision.

The Veteran's cause of death due to metastatic lung cancer is being remanded because the VA did not obtain all relevant records, including those from VA community care and scanned into VistA imaging system.

The Veteran's lung cancer and diabetes mellitus type II are granted service connection due to herbicide exposure. Service connection for carcinoma of the head and neck is remanded as there is a possible nexus with herbicide exposure.

The Board has granted service connection for residuals of testicular cancer due to exposure at Camp Lejeune. The Veteran's chronic lung condition and scars are remanded for further evaluation.

The Board denied service connection for lung cancer and a post-operative scar resulting from lung surgery, finding that the disabilities did not have their onset during service or were not related to any in-service disease, injury, or other incident of service.

The Veteran's death was not caused by a service-connected disability, as there is no evidence of herbicide agent exposure during his military service. Therefore, the claim for service connection for the cause of the Veteran's death is denied.

The Veteran's application to reopen the previously denied claim for entitlement to service connection for a left leg disability, previously claimed as weakness in bilateral legs is granted.,The Veteran's application to reopen the previously denied claim for entitlement to service connection for a left knee disability, previously claimed as weakness in bilateral legs is granted.

The Veteran's claim for an increased rating for Major Depressive Disorder (MDD) prior to November 9, 2019 was denied as the evidence did not show that his MDD warranted a 100 percent rating.,The Veteran's claim for an effective date prior to November 12, 2020 for the grant of a 60 percent rating for lung cancer was denied as there were no unadjudicated increased rating claims and it was not factually ascertainable that his lung cancer met the criteria for a 100 percent rating.

The Veteran's initial claim for service connection for penile and urethral cancer was granted, with a 100 percent rating effective June 7, 2018. The rating was increased to 40 percent from May 6, 2022 to July 1, 2022, and to 100 percent for metastatic lung cancer starting July 1, 2022. He also received a separate 30 percent rating for erectile dysfunction with loss of use of a creative organ.

The Board has remanded the Veteran's claims for lung cancer, prostate cancer, and hepatic steatosis due to potential exposure to contaminated water at Camp Lejeune. The case is also related to the PACT Act.